Privacy Act of 1974; System of Records, 31907-31909 [2013-12569]

Agencies

• DEPARTMENT OF DEFENSE
• Department of the Army

[Federal Register Volume 78, Number 102 (Tuesday, May 28, 2013)]
[Notices]
[Pages 31907-31909]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-12569]


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DEPARTMENT OF DEFENSE

Department of the Army

[Docket ID: USA-2013-0015]


Privacy Act of 1974; System of Records

AGENCY: Department of the Army, DoD.

ACTION: Notice to alter a System of Records.

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SUMMARY: The Department of the Army proposes to alter a system of 
records in its inventory of record systems subject to the Privacy Act 
of 1974 (5 U.S.C. 552a), as amended.

DATES: This proposed action will be effective on June 28, 2013 unless 
comments are received which result in a contrary determination. 
Comments will be accepted on or before June 27, 2013.

ADDRESSES: You may submit comments, identified by docket number and 
title, by any of the following methods:
    * Federal Rulemaking Portal: https://www.regulations.gov. Follow the 
instructions for submitting comments.
    * Mail: Federal Docket Management System Office, 4800 Mark Center 
Drive, East Tower, 2nd Floor, Suite 02G09, Alexandria, VA 22350-3100.
    Instructions: All submissions received must include the agency name 
and docket number for this Federal Register document. The general 
policy for comments and other submissions from members of the public is 
to make these submissions available for public viewing on the Internet 
at https://www.regulations.gov as they are received without change, 
including any personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: Mr. Leroy Jones, Jr., Department of 
the Army, Privacy Office, U.S. Army Records Management and 
Declassification Agency, 7701 Telegraph Road, Casey Building, Suite 
144, Alexandria, VA 22315-3827 or by phone at 703-428-6185.

SUPPLEMENTARY INFORMATION: The Department of Army notices for systems 
of records subject to the Privacy Act of 1974 (5 U.S.C. 552a), as 
amended, have been published in the Federal Register and are available 
from the address in

[[Page 31908]]

FOR FURTHER INFORMATION CONTACT or from the Defense Privacy and Civil 
Liberties Web site at https://dpclo.defense.gov/privacy/SORNs/component/army/.
    The proposed system report, as required by 5 U.S.C. 552a(r) of the 
Privacy Act of 1974, as amended, was submitted on April 16, 2013, to 
the House Committee on Oversight and Government Reform, the Senate 
Committee on Governmental Affairs, and the Office of Management and 
Budget (OMB) pursuant to paragraph 4c of Appendix I to OMB Circular No. 
A-130, ``Federal Agency Responsibilities for Maintaining Records About 
Individuals,'' dated February 8, 1996 (February 20, 1996, 61 FR 6427).

    Dated: May 22, 2013.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
A0190-47 DAPM-ACC

System name:
    Army Corrections and Review Board Records (June 28, 2010, 75 FR 
36644).
* * * * *

Changes:
System name:
    Delete entry and replace with ``Army Corrections System and Parole 
Board Records.''

System location:
    Delete entry and replace with ``Office of the Provost Marshal 
General, 2800 Army Pentagon, Washington, DC 20310-2800; Army 
Corrections Command, 150 Army Pentagon, Washington, DC 20310-0150; Army 
Corrections System Facilities, Navy and Marine Corps Brigs; and Army 
Clemency and Parole Board Office, 1901 South Bell Street, Arlington, VA 
22202-4508.''

Categories of individuals covered by the system:
    Delete entry and replace with ``Any military member confined at a 
DoD correctional facility or approved local civilian jails as a result 
of courts-martial, or pending trial by courts-martial and under Army 
control, and those under community supervision once released from a DoD 
correctional facility and/or transferred to the Federal Bureau of 
Prisons (FBOP) under the current Memorandum of Agreement between 
Department of the Army and the FBOP; victim/witness', and informants.''

Categories of records in the system:
    Delete entry and replace with ``Military members full name, 
surname, Social Security Numbers (SSN), DoD-ID Number, registration 
number, charges, court martial, personal background history, former 
commander's report, no-contact order, funds account information health 
and comfort issuance, fingerprints, classification, progress reports, 
victim/witness' full name, address and telephone number, victim impact 
statements, co-conspirator affiliation, informants full name, address 
and telephone number, informants statement, legal guardianship, court 
martial correspondence, sex offender and DNA requirements and 
processing, classification, disciplinary and observation records, 
clothing and equipment, education and program certificates, clemency 
and parole actions, recommended actions and dispositions, parolee/
supervisee release agreements, certificate of parole and similar 
relevant documents.''

Authority for maintenance of the system:
    Delete entry and replace with ``10 U.S.C. 3013, Secretary of the 
Army; 10 U.S.C. Chapter 48, Military Correctional Facilities, Section 
951, Establishment; organization; administration; DODD 1030.1, Victim 
and Witness Assistance; DODI 1030.2, Victim and Witness Assistance 
Procedures; DODD 1325.04, Confinement of Military Prisoners and 
Administration of Military Correctional Programs and Facilities; DODI 
1325.7, Administration of Military Correctional Facilities and Clemency 
and Parole Authority; AR 15-130, Army Clemency and Parole Board; Army 
Regulation 190-47, The Army Corrections System; and E.O. 9397 (SSN), as 
amended.''

Purpose(s):
    Delete entry and replace with ``The system is used for management 
of correctional facility population, demographic studies, status of 
discipline and responsiveness of personnel procedures, as well as 
confinement utilization factors such as population turnover or 
relapsing into crime. These records provide relevant information 
required for proper clemency and parole decisions that the Service 
Clemency and Parole Board makes for the Service Secretaries.''

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    Delete entry and replace with ``In addition to those disclosures 
generally permitted under 5 U.S.C. 552a(b) of the Privacy Act of 1974, 
as amended, these records contained therein may specifically be 
disclosed outside the DoD as a routine use pursuant to 5 U.S.C. 
552a(b)(3) as follows:
    To Federal, state and local confinement/correctional agencies for 
use in the administration of correctional programs including custody 
classification, employment, training and educational assignments, 
treatment programs, clemency, restoration to duty or parole actions, 
verification of offender's criminal records, employment records, and 
social histories.
    To state and local authorities for purposes of providing (1) 
notification that individuals, who have been convicted of a specified 
sex offense or an offense against a victim who is a minor, will be 
residing in the state upon release from military confinement, (2) 
information about the individual for inclusion in a state operated sex 
offender registry and (3) DNA, or deoxyribonucleic acid policy on 
collecting samples from military prisoners.
    To the Bureau of Prisons for the purpose of providing notification 
that the military transferee has been convicted of a sexually violent 
offense or an offense against a victim who is a minor.
    To victims and witnesses of a crime(s) for the purpose of notifying 
them of date of parole or clemency hearing and other release related 
activities.
    The DoD Blanket Routine Uses set forth at the beginning of the 
Army's compilation of systems of records notices may also apply to this 
system.''
* * * * *

Retention and disposal:
    Delete entry and replace with ``Automated records for prisoners in 
the U.S. Army Corrections System facilities are retained for 2 years 
following expiration of sentence/completion of parole/maximum release 
date, following which they are retired to the National Personnel 
Records Center (NPRC) for 50 years before destruction by shredding or 
burning. Records will be downloaded to paper copies before retiring to 
NPRC.

    Note: Transfer of a prisoner from one DoD correctional facility 
or Federal Bureau of Prisons' Facility to another is not construed 
as release from confinement. When a prisoner is transferred to 
another facility, his/her file is electronically transferred to the 
gaining facility.

    Information on tape/disc is erased after 3 years.
    Army Clemency Board case files are returned on completion of Board 
action to the DoD Correctional Facility, where they are retained for 2 
years following expiration of sentence/completion of parole/maximum 
release date, following which they are retired to the NPRC and

[[Page 31909]]

maintained for 50 years before being destroyed by shredding or 
burning.''

System manager(s) and address:
    Delete entry and replace with ``Office of the Provost Marshal 
General, 2800 Army Pentagon, Washington, DC 20310-2800; Army 
Corrections Command, 150 Army Pentagon, Washington, DC 20310-0150.''

Notification procedure:
    Delete entry and replace with ``Individuals seeking to determine 
whether information about themselves is contained in this system should 
address written inquiries to the commander of the correctional facility 
where confined.
    For verification purposes, individual should provide their full 
name, SSN and/or DoD-ID Number, dates of confinement, any details which 
may assist in locating records, and their signature.
    In addition, the requester must provide a notarized statement or an 
unsworn declaration made in accordance with 28 U.S.C. 1746, in the 
following format:
    If executed outside the United States: `I declare (or certify, 
verify, or state) under penalty of perjury under the laws of the United 
State of America that the foregoing is true and correct. Executed on 
(date). (Signature)'.
    If executed within the United States, its territories, possessions, 
or commonwealths: `I declare (or certify, verify, or state) under 
penalty of perjury that the foregoing is true and correct. Executed on 
(date). (Signature)'.''

Record access procedures:
    Delete entry and replace with ``Individuals seeking access to 
information about themselves contained in this system should address 
written inquiries to the commander of the correctional facility.
    For verification purposes, individual should provide their full 
name, SSN and/or DoD-ID Number, dates of confinement, any details which 
may assist in locating records, and their signature.
    In addition, the requester must provide a notarized statement or an 
unsworn declaration made in accordance with 28 U.S.C. 1746, in the 
following format:
    If executed outside the United States: `I declare (or certify, 
verify, or state) under penalty of perjury under the laws of the United 
States of America that the foregoing is true and correct. Executed on 
(date). (Signature)'.
    If executed within the United States, its territories, possessions, 
or commonwealths: `I declare (or certify, verify, or state) under 
penalty of perjury that the foregoing is true and correct. Executed on 
(date). (Signature)'.''
* * * * *
[FR Doc. 2013-12569 Filed 5-24-13; 8:45 am]
BILLING CODE 5001-06-P